Connecticut Supreme Court, in a Case of First Impression, Holds Negligent Construction Insured Under General Liability Policy (PDF)
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In Capstone Building Corp. v. American Motorists Insurance Co., 67 A.3d 961, the Connecticut Supreme Court held general liability policies may insure allegations related to a subcontractor's unintended defective construction. The court joined a growing number of decisions holding negligent construction is insured under general liability policies, and added more counterweight to the insurance industry's attempt to avoid coverage for such claims.
Nicholas M. Insua is a Partner, David C. Kane is an Associate, and Mario S. Russo is a Law Clerk in the Newark, New Jersey office of McCarter & English, LLP. They may be reached by e-mail at firstname.lastname@example.org; email@example.com; and firstname.lastname@example.org. The opinions in this commentary are those of the authors alone and do not represent the views of McCarter & English, LLP or any of its clients.
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